The Clean Water Act (CWA) is 42 years old this year, and is an act that has had significant impact on cleaning up our nation's waters. It was created in 1972 in response to the declining health of countless rivers, streams, lakes and bays throughout the United States.  The CWA set a new national goal "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters".  According to the EPA, before the Clean Water Act only about a third of U.S. water was safe for swimming or fishing.  The country was losing up to 500,000 acres of wetlands per year, and tap water was becoming more and more tainted with chemicals. After four decades under the CWA, an estimated 65 percent of U.S. waterways now pass the fishable/swimmable test, while average wetland losses have fallen below 60,000 acres per year.

The CWA seeks to make all U.S. waters "fishable and swimmable", which is how the EPA defines surface water quality. This means that all waters must at least support recreation and aquatic life, although states can designate more specific uses, such as drinking water, swimming and cold water fishery. So, under this law, each state must determine the amount of pollution each water body may contain and still remain healthy - these are the surface water quality standards.  A surface water quality designation should protect all existing uses and may also recognize potential uses. It does not correspond to existing water quality conditions.

The water quality standards are the basis for the federally-mandated Total Maximum Daily Loads (TMDLs) that are currently being established for most of the country's water bodies. Waters that are not able to support their designated uses are "impaired" and in need of restoration. TMDLs are used to create a plan to prevent or reduce the pollution into the water body sufficiently enough to meet the load limit and support the uses.

In Massachusetts, the water quality standards are separate for Inland Waters (Class A, B, or C) and Coastal and Marine Waters (Class SA, SB, or SC), but are quite similar.  The Westport River has been assigned a water quality standard by the State of SA for the West Branch and SB for the East Branch. SA is the highest class, and it means that the waters are designated as an excellent habitat for fish and wildlife, and for swimming, fishing and boating. SB is the designation for the same uses, but the habitat is not considered excellent. Unfortunately, each branch of the River has been assessed as being polluted, or "impaired", for both nitrogen and bacteria. Massachusetts has already established a TMDL for bacteria, which determines beach and shellfishing closures. The Massachusetts Estuaries Project (MEP) has been created to help the State determine TMDLs for nitrogen. The TMDLs for the Westport River will help the Town determine the best ways to reduce nitrogen pollution.

The Clean Water Act is not perfect, but it is effective and powerful. It has been a life saver for the nation's water bodies, both fresh and marine. Through this act we have eliminated or greatly reduced raw sewage discharges, huge fish kills, chemical releases, oil-slicked waters, and oil-saturated beaches. Estuaries, rivers, salt marshes, lakes, and ponds have been allowed to thrive. Wetlands and coastlines are protected, drinking water is cleaner, and industrial discharges are under close scrutiny. Yet, we should not be satisfied. There is still too much "dirty water" out there, and closer to home we must still deal with our own pollution problems. But as long as we continue to recognize, appreciate, and celebrate the value and benefits of clean water, the health of the Westport River and the surface waters of our nation will continue to improve.